Fort Lauderdale Deceptive Trade Practices Lawyer

Even savvy and sophisticated consumers can be taken advantage of when companies engage in deceptive practices to misrepresent their products or services. Florida’s Deceptive and Unfair Trade Practices Act puts power in the hands of consumers who have been harmed by deceptive practices and allows them to sue for damages. Attorney Brendan Sweeney at Sweeney Law, P.A. can help you use that power to hold businesses accountable for their misdeeds and recover compensation for the financial harm which has been done to you. Learn more about the Florida Deceptive and Unfair Trade Practices Act below, and contact Fort Lauderdale deceptive trade practices lawyer Sweeney Law. P.A. if you have been the victim of unfair business practices in Palm Beach, Broward or Miami-Dade County.

Facts about the Florida Deceptive and Unfair Trade Practices Act

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) can be found in Florida Statutes 501.201-501.213. This law prohibits unfair competition, unconscionable acts or practices, and unfair or deceptive acts or practices. The range of unfair practices is construed very broadly to protect the public and legitimate business from the activities of unscrupulous businesses. Examples of conduct which may violate the law include:

In Florida, some of the most frequent complaints fall upon the following types of businesses:

Flooring sales and installation

Auto service and sales

Timeshare resales

Pest control

Prepaid calling cards

Travel sellers

For-profit schools

Data security

Debt relief

Proving Deceptive Trade Practices under the FDUTPA

The law prohibits representations, omissions or practices which are likely to mislead the consumer. The representation or omission must be material, meaning it must have affected the consumer’s conduct or decision. This factor is viewed from the point of view of a reasonable consumer, and any representation relating to health, safety or cost is presumed to be material.

A consumer can sue under the Act and recover actual damages – the difference in the market value of the product or service given the condition it was delivered versus how it should have been delivered. In addition, the prevailing party in a lawsuit can recover attorney’s fees and costs from the other party. To be successful, the consumer has to prove that the seller engaged in a prohibited practice that caused harm to the consumer.

Sweeney Law, P.A. can evaluate whether you have a claim against a business and can help you prepare and present a strong case that proves the business’ misconduct and the harm done to you.

Is Unlawful Debt Collection Covered under the Law?

Different Florida courts have ruled differently on the question of whether deceptive acts after the sale are covered under the law. If you are experiencing fraudulent or unfair tactics related to debt collection or repossession, you may find relief under the FDUTPA, or other laws such as the Fair Debt Collection Practices Act or the Florida Consumer Collections Act. We can help you find the best way to recover compensation in your particular situation.

Help is Available to Stop Deceptive Trade Practices in Fort Lauderdale

Proving a case under the FDUTPA can be challenging and complicated. Florida consumer law attorney Brendan Sweeney has years of experience helping consumers who have been victimized by deceptive trade practices in Palm Beach, Broward and Miami-Dade counties. If you believe you have been the victim of fraud or deceit in a commercial transaction, call Sweeney Law, P.A. in Fort Lauderdale to speak with a knowledgeable and dedicated Florida consumer lawyer.

Practice Areas

Client Testimonials

"Sweeney is incredibly effective and aggressive – when necessary. As a former big firm bank attorney he is very sophisticated and a considerable force to deal with."

Banking and Financial Services Partner

"I retained Brendan to defend a debt, he ended up having the debt wiped out and had the debt collector pay us triple what the debt was for consumer violations. I ended up making a profit off of the debt. This is why I call him the “Miracle Maker.” "

S.P.

"Brendan is a diligent attorney who will fight for your rights. I would highly recommend Brendan to anyone who is looking for an attorney that is professional, honest, responsive, and hard working. Thank you Brendan for everything you did for me."

V. S.

"I had the pleasure of hiring Brendan for a very difficult case. He completely destroyed the opposition. He is very nice and even mannered when you deal with him, however, when we went to court he was vicious and completely embarrassed the other side. Brendan is a top tier, first class lawyer, second to none."